People v. Cruz

SCHAUER, J. *

Defendant appeals from a judgment of conviction of possession of marijuana. (Health & Saf. Code, § 11530.) The sole contention we need reach is that defendant was convicted on evidence obtained (in a material part) as a result of an illegal search and seizure in violation of the constitutional guarantees (U.S. Const., 4th and 14th Amends.; Cal. Const., art I, §19) and admitted at the trial over defendant’s timely objections. We have concluded that under the controlling federal and California law the challenged evidence was inadmissible; that on the record of this ease its…